中亚发展中的一般行政法

Jörg Pudelka, J. Deppe
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引用次数: 2

摘要

中亚的改革被认为是在走向市场经济,而民主化则处于赤字状态。然而,作者在个人与国家的关系中看到了新的迹象。虽然吉尔吉斯共和国、塔吉克斯坦和哈萨克斯坦实行了新的行政程序法,但这些法律是如此具有革命性,或者相反,毫无意义,因此它们的适用尚未确定或需要继续努力。不仅是稀缺的政府资源,法律和行政科学也落后于需求。提出关于哈萨克斯坦、乌兹别克斯坦、塔吉克斯坦和土库曼斯坦行政和宪法司法的调查结果。在第一个国家,他们相当活跃,而在乌兹别克斯坦和塔吉克斯坦则相当隐蔽,而在土库曼斯坦则没有人。吉尔吉斯共和国最近将宪法法院的控制权交给了最高法院。笔者认为中亚的公共管理存在缺陷,大众媒体受到严格的国家控制,诉权和诉权并不为人所知(吉尔吉斯共和国是个例外)。提出法律咨询和援助的调查结果,特别是在民事和行政纠纷中价值较低或不给予的法院,诉诸司法的法律保障不确定。“全球治理指标(WGI)”被提出,除了政府问责制、法治和腐败控制之外,其他方面都被评为积极的。早期的俄罗斯是一个领先的例子,现在它不再有资格,一般来说,没有行政事务和法律的模型。作为示范,作者介绍了德国联邦行政程序法的第9、10、22、24、25、26、28节和一些基本原则。根据调查结果,一些变化被命名为实质性的/可持续的,大多数相当正式的或短暂的。哈萨克斯坦在各方面的排名都比塔吉克斯坦、土库曼斯坦和乌兹别克斯坦好。后几个邦的改革政策同样消极。除了在吉尔吉斯共和国,选举被描述为不自由和不公平。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
GENERAL ADMINISTRATIVE LAW IN DEVELOPMENT IN CENTRAL ASIA
Transformation in the Central Asia is seen as regards to move towards the market economy, while democratization – rather in in deficit. Nevertheless author sees new signs in the relations of individuals and the state. While the Kyrgyz Republic, Tajikistan and Kazakhstan introduced new administrative procedural laws, they are so revolutionary or, to the contrary, meaningless that their application is not yet certain or requires continued effort. Not only government resources valued as scarce but legal and administrative sciences are behind needs. Findings on administrative and constitutional judiciary presented for Kazakhstan, Uzbekistan, Tajikistan and Turkmenistan. In the first state they are rather active, while in Uzbekistan and Tajikistan rather in shadow, while no one in Turkmenistan. The Kyrgyz Republic has recently given its constitutional court control to its Supreme Court. Public administration in Central Asia author sees as defect, mass media under strict state control, right to a complaint and to a lawsuit as not generally known (kind of exception: Kyrgyz Republic). Presented findings to legal advice and assistance especially in courts valued low or not granted in civil and administrative disputes, legal guarantees of access to justice as uncertain. “Worldwide Governance Indicators (WGI)” are presented and except in accountability of government, rule of law and the control of corruption other points are valued as positive. Having earlier Russia as a leading example now it qualifies no more, generally there is no modelling for administrative matters and laws. As models author presents sections 9, 10, 22, 24, 25, 26, 28 and some basic principles of the German Federal Administrative Procedure Act. Valuing findings, some changes named substantial / sustainable, most rather formal of short-lived. Kazakhstan is named in every respect better than Tajikistan, Turkmenistan and Uzbekistan. Latter states have equally negative reform policy. Except in the Kyrgyz Republic the elections are described as not free and fair.
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